Constitutional Challenge, Eminent Domain, Litigation, Procedure

Bridge reconstruction which prevented property owner from turning is trailer into property was not a material or substantial impairment to access says First Court of Appeals

Darrell Church v. City of Alvin, Texas 01-13-00865-CV (Tex. App. – Houston [1st Dist.] June 25, 2015) In this inverse condemnation involving decrease access to a driveway entrance the Houston First District Court of Appeals affirmed the granting of the City’s plea
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Litigation, Mandamus, Procedure, Sovereign Immunity

Fourth Court holds automatic stay in interlocutory appeal is not affected by removal time to federal court; discovery order was an abuse of discretion.

In re University of the Incarnate Word 04-15-00242-CV (Tex. App. – San Antonio, June 24, 2015) This is a mandamus case regarding discovery and will be in interest primarily for litigators. However, it addresses the interlocutory appeal and automatic stay provisions and
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Declaratory Judgments, Health and Safety, Litigation, Nuisance, Preemption, Procedure

City can sue for damages to property values due to nuisance for acts occurring outside ETJ says Amarillo Court of Appeals.

  Town of DISH, et al v. Enbridge Gathering (North Texas) L.P., et al.,  07-13-00391-CV (Tex. App. – Amarillo, June 1, 2015) This is a consolidation of three separate cases with multiple parties and multiple defendants with certain procedural complexities. For the
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Agency, Declaratory Judgments, Employment Law, Litigation, Procedure, Ultra Vires

Police officer plaintiff failed to establish jurisdiction in Worker’s Compensation Act case

  Jamie Harvel and the Austin Police Association v Texas Department of Insurance- Division of Workers’ Compensation And Commissioner Rod Borderlon, In His Official Capacity, 13-14-00095-CV, (Tex. App.– Corpus Christi, May 21, 2015). This is an interlocutory appeal from the granting of
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